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It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss

Publications

No abstract provided.

Being Virtuous And Prosperous: Sri's Conflicting Goals, Benjamin J. Richardson

All Papers

No abstract provided.

British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel

All Papers

There has been a notable shift in the scope of negligence liability of public authorities in the Post War period. Notably there was a trend toward restriction of liability in the 1980s. This essay tries to explain why this happened not by focusing on changing legal formulas but by examining the political context of the law in this area. I begin the essay by demonstrating how changes in the attitudes toward the role of the state have led to the changes in the law in this area. I then go on to examine the impact of Thatcher’s ascent to power. …

The Breakdown Of The Rule Of Law In Sri Lanka: An Overview, James Yap, Craig Scott

All Papers

This brief report, prepared for the Sri Lanka Campaign for Peace and Justice and dated September 22, 2010, analyzes the state and the underlying causes of the current breakdown of the rule of law in Sri Lanka. The information herein is drawn primarily, while not exclusively, from three sources: Basil Fernando, Sri Lanka: Impunity, Criminal Justice & Human Rights (Asian Human Rights Commission: Hong Kong, 2010); Justice in retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka (International Bar Association Human Rights Institute [IBAHRI]: London May 2009); Kishali Pinto-Jayawardena, The Rule …

The Constitutionalization Of Labour Rights: What Bliss In This Dawn To Be Alive, Harry W. Arthurs

All Papers

In these remarks to an audience of union-side labour lawyers, I caution against excessive optimism concerning the potential of rights-based constitutional litigation to improve the lot of workers. Despite recent pro-labour Charter decisions of the Supreme Court of Canada, litigation will not fundamentally alter the underlying conditions which have disempowered workers and unions. This is not to say that the constitution is irrelevant, but rather that its most significant features are economic and political, rather than juridical.

Understanding Criminal Law Through The Lens Of Reason, François Tanguay-Renaud

All Papers

This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.

Class Proceedings In Canada - Report For The 18th Congress Of The International Academy Of Comparative Law, Janet Walker

All Papers

This 30-page report responds to 43 questions concerning the role and operation of class actions in Canada. The report will contribute to a comparative analysis with regimes collective redress in other legal systems.

Navigating Tricky Ethical Shoals In Environmental Law: Parameters Of Counseling And Managing Clients, Kim Diana Connolly

Journal Articles

This article explores some of the ethical situations that environmental and natural resource lawyers can encounter when counseling clients. It begins by exploring the Model Rule of Professional Conduct (MRPC) 2.1, regarding counsel’s role as “advisor,” which provides that appropriate client counseling refers not only to law, but also to moral, economic, social, and political factors, when making decisions. It also explores the environmental lawyer’s ability to withdraw from representation pursuant to MRPC 1.16. It places the obligations and options under these rules and other mandates in the environmental and natural resource context, and encourages attorneys practicing in the area …

Valuing Difference, Exercising Care In Oz: The Shaggy Man's Welcome, Athena D. Mutua

Journal Articles

“…and he sighed with contentment to realize that he could now be finely dressed and still be the shaggy man.”

One cannot say that the people of Oz valued difference or valued the diversity of its people. Because in Oz, difference and diversity simply was; difference in OZ simply existed. Rather, it might be more accurate to say that the people in the Fairy Land of Oz had a practice of difference in which different people or beings of all sorts were simply accepted and embraced. Not just accepted, as in tolerated in the way someone from Kansas or the …

Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa

Journal Articles

In this article I examine three borderline cases in which it is not clear whether a confession had been obtained in violation of the nemo tenetur principle (i.e. the rights against self-incrimination and forced inculpation). The case of the false confession presents a situation in which a person made a voluntary confession but the overwhelming evidence pointed to the falsity of the statements. In contrast, the confession obtained in the case of the truth serum is of high probative value. However, it could be argued that the suspect did not voluntarily decide to incriminate himself, given that he confessed when …

Voice Of Nationalism In Moniuszko's Opera, Marlena. Niewczas

Electronic Theses and Dissertations 2010 - 2019

Stanislaw Moniuszko (1819-1872) is the father of the Polish national opera, and yet he is little known outside Poland. His two masterpieces, Halka and The Haunted Manor, are operatic works that contributed to the development of national music. Moniuszko composed during the middle of the nineteenth century when Poland was under control of the three Powers: Russia, Prussia, and Austria. A study of Polish history reveals the understanding of Moniuszko's position as an artist and the role of his operas. The national elements portrayed in his compositions include Polish dances, such as the polonaise, mazurka, and krakowiak, as well as …

Abjection And Social Transformation In John Fowles's Mantissa And A Maggot, Jenifer A. Skolnick

Electronic Theses and Dissertations 2010 - 2019

In John Fowles's last two novels, he alters his authorial project of discovering freedom for an individual from a social system to how a social system can be changed from within. Using Julia Kristeva's theory of abjection and her interpretation of the semiotic versus symbolic processes of signification, readers can determine how an imbalance in the human signifying process has become corrupted by power. Through Fowles's heroines and semiotic irruptions of the symbolic order in both Mantissa and A Maggot, Fowles reveals weaknesses in the symbolic, and consequently, moments where transformation of a patriarchal, symbolic system can be recognized. These …

Academic Dishonesty In Online Courses, Artyce-Joy. Chase

Electronic Theses and Dissertations 2010 - 2019

The purpose of this study was to explore undergraduate students' behaviors related to academic dishonesty. Additionally, this study examined students' perceptions of their own connectedness within the online classroom, and perceptions of the effectiveness of deterrents to cheating. Participants in the study were enrolled in online courses within the College of Arts and Science at a regionally accredited for-profit university. Students enrolled at the university represent a geographic cross section primarily within the U.S. but included students living outside the U.S. Participants were asked about their individual feelings of overall connectedness within the online classroom. Connectedness was determined using five …

Aristocratic Revolution?, Kenneth. Posner

Electronic Theses and Dissertations 2010 - 2019

This thesis argues that in the wake of the Decembrist Revolt in Russia in 1825, the British Foreign Office was forced to address the tension between two conceptions of stability-one domestic and one international. It contends that the aristocratic ethos of the British diplomatic corps both magnified the fragile social condition of the Russian Empire and organized the political response which subordinated this concern to the international equilibrium of Europe. Ambassadors such as Lord Strangford and Edward Cromwell Disbrowe helped interpret the events of the Decembrist conspiracy while stationed in St. Petersburg and reported back to their Foreign Secretary, George …

Schooling Congress: The Current Landscape Of The Tax Treatment Of Higher Education Expenses And A Framework For Reform, Stuart G. Lazar

Journal Articles

Education may be a cornerstone of our society, but the tax treatment of higher education expenses does not appear to have resulted from an intellectual exercise that would make our nation’s educators’ proud. The Internal Revenue Code provides two separate, but equally unsatisfying, routes that allow taxpayers to offset their income with the costs of higher education. Where an individual can reduce her tax liability while receiving an education, the effect is to reduce significantly the cost of that education.

First, where amounts spent on education qualify as an “ordinary and necessary business expense,” a taxpayer will be entitled to …

Responses To The Ten Questions, Mary Ellen O'Connell

Journal Articles

The Journal of the National Security Forum (JNSF) Board of Editors posed ten questions on national security to a group of national-security law experts. Professor Mary Ellen O’Connell’s answers to the ten questions are presented.

At The Brink Of Free Agency: Creating The Foundation For The Messersmith-Mcnally Decision - 1968-1975, Edmund P. Edmonds

Journal Articles

"One of the most dramatic periods in baseball’s long history of labor relations occurred from 1968 through 1975. The Major League Baseball Players Association negotiated baseball’s first Basic Agreement in 1968 without the benefit of any leverage that could alter most of Organized Baseball’s long practices that controlled the players’ mobility and wages. In 1975, however, the union won an arbitration panel hearing that determined that pitchers Dave McNally and Andy Messersmith were free agents after playing one full season under the renewed option year of their contracts and filing a grievance under the newly adopted arbitration process. This stunning …

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

Journal Articles

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square.

This Article examines the question of how scientific methods and …

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Journal Articles

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …

Marriage And Mulieris Dignitatem, John J. Coughlin

Journal Articles

This article considers the theology and canon law of marriage in light of 'Mulieris Dignitatem'. The article was a talk given at Catholic University of America on this twentieth anniversary of Pope John Paul II's Apostolic Letter. One of the document's central themes is the universal call to holiness lived out through sacramental marriage or virginity. In the first part of the article, I discuss Saint Augustine's teaching on the relation between marriage and virginity. In the second part, I mention several prominent features of 'Mulieris Dignitatem', including the complementarity of marriage and virginity, the personalist interpretation of Ephesians 5, …

Governing? Gentrifying? Seceding? Real-Time Answers To Questions About Business Improvement Districts, Nicole Stelle Garnett

Journal Articles

Business improvement districts (BIDs) have become a ubiquitous feature of the urban development toolkit. An important - perhaps the most important - instantiation of the trend in urban governance toward the devolution of local authority to new sublocal, quasi-governmental institutions, BIDs play an important role in urban re-development efforts, especially efforts to revitalize downtowns and satellite center-city business districts. Drawing upon case studies of Philadelphia’s BIDS, this symposium essay seeks to answer three questions about how BIDs actually work on the ground: First, whether BIDs are actually functioning as local governments rather than quasi-private providers of supplemental services; second, whether …

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael S. Kirsch

Journal Articles

This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard.

These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …

Interring The Rhetoric Of Judicial Activism, Neil S. Siegel

Faculty Scholarship

For decades, leaders of the Republican Party have decried “judicial activism” and championed “judicial restraint.” For much of that time, Republican politicians have equated judicial restraint with a commitment to judicial deference, asserting that “activist” judges disrespect the will of popular majorities. More recently, as the Republican Party has solidified its control of the federal courts and made its own claims on the Constitution, Republican politicians have tended to define judicial activism in potentially conflicting ways, mixing deference frames with claims about the autonomy of law from mere politics or personal beliefs.

In this Article, I examine these two ways …

'Struck' By Stereotype: Ruth Bader Ginsburg On Pregnancy Discrimination As Sex Discrimination, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

This is an attempt at recovery. This Essay hopes to call attention to then-Professor Ruth Bader Ginsburg's merits brief in Struck v. Secretary of Defense. The brief has been under appreciated in part because the Supreme Court declined to decide the case. But anyone seeking to understand the origins and nature of Justice Ginsburg's views on sex discrimination would be well advised to read this brief. So would anyone interested in reimagining the bounds of constitutional possibility in the realm of gender equality.

A Coase Theorem For Constitutional Theory, Neil S. Siegel

Faculty Scholarship

There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim - that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion - is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan …

Getting On The "E" List: E-Mail Use In A Community Of Service Provider, Craig R. Scott, Laurie K. Lewis, Scott C. D'Urso

College of Communication Faculty Research and Publications

This case examines how a community of organizations providing service to people experiencing homelessness made use of an electronic mail list. Current economic conditions have encouraged organizations in various sectors—including nonprofits—that might normally compete for scarce resources to collaborate with one another to increase their chances of survival. One set of tools likely to be of value in such relationships includes various online discussion technologies. An examination of this community’s email list use over a three-year period suggests a somewhat complex picture regarding technology use. More specifically, some issues both constrain and enable use. Additionally, seemingly basic and minimal uses …

Epizootic Hemorrhagic Disease Outbreak In A Captive Facility Housing White-Tailed Deer (Odocoileus Virginianus), Bison (Bison Bison), Elk (Cervus Elaphus), Cattle (Bos Taurus), And Goats (Capra Hircus) In Colorado, Usa, Pauline Nol, Cecilia Kato, Will K. Reeves, Jack Rhyan, Terry R. Spraker, Thomas Gidlewski, Kurt C. Vercauteren, Mo Salman

United States Department of Agriculture Wildlife Services: Staff Publications

An ungulate research facility in Fort Collins, Colorado, USA, experienced mortality in white-tailed deer (Odocoileus virginianus) because of epizootic hemorrhagic disease virus (EHDV) infection from 20 August 2007 through 26 September 2007. Epizootic hemorrhagic disease virus (EHDV) was detected by reverse transcriptase polymerase chain reaction and virus isolation from the spleen and lung tissues of two white-tailed deer. Virus neutralization tests were performed on pre- and post-outbreak sera from other species maintained in the same facility, including bison (Bison bison), elk (Cervus elaphus), domestic cattle (Bos taurus), and domestic goats (Capra hircus), …

Mechanisms Of Apoptosis In Crustacea : What Conditions Induce Versus Suppress Cell Death?, Michael Menze, Grady Fortner, Suman Nag, Steven Hand

Faculty and Staff Scholarship

Arthropoda is the largest of all animal phyla and includes about 90% of extant species. Our knowledge about regulation of apoptosis in this phylum is largely based on findings for the fruit fly Drosophila melanogaster. Recent work with crustaceans shows that apoptotic proteins, and presumably mechanisms of cell death regulation, are more diverse in arthropods than appreciated based solely on the excellent work with fruit flies. Crustacean homologs exist for many major proteins in the apoptotic networks of mammals and D. melanogaster, but integration of these proteins into the physiology and pathophysiology of crustaceans is far from complete. Whether apoptosis …

Augustinian Virtue In The Dickensian World, Jill A. Kriegel

Electronic Theses and Dissertations 2010 - 2019

The novels of Charles Dickens resonate with ancient and Christian moral messages: From plots and characters representative of Victorian ideals and concerns emerge themes that reflect centuries of moral, and, as I argue, specifically Augustinian, teaching. While the Christian overtones of Charles Dickens's novels are seldom denied, their Augustinian nature, their purpose, and Dickens's hopes for their effect are rarely given their proper due. In opposition to the postmodern idea of an increasing nihilism and despair in Dickens's message, I examine instead his steadfast fascination with and joy in the power of charitable friendships-friendships that embody goodness and the possibility …

Baudrillardian Examination Of Municipalities As Public Relations And Marketing Firms, Staci M. Zavattaro

Electronic Theses and Dissertations 2010 - 2019

Local governments are adopting both the rhetoric and practices of market-based governance interventions. Imported into these cities are public relations and marketing tactics to sell cities to internal and external audiences alike. Public communication in these cities went from a public information focus hinging on a just-the-facts approach to a public relations and marketing focus on selling and image generation to please customers. Acute attention to image generation leads to the metaphor of municipalities presented in this research - as public relations and marketing firms. Private sector public relations (PR) and marketing firms gain results for their clients, usually in …